Chand Mohammad @ Chand Muhammad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16530 of 2019 Arising Out of PS. Case No.-629 Year-2015 Thana- BETTIAH CITY District- West Champaran ====================================================== Chand Mohammad @ Chand Muhammad Son of Heera Miyan @ Samsul Haque R/o village- Ward No. 1, Old Nepali Tola, P.S.- Raksaul, Distt.- East Champaran at Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mahendra Thakur For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Section 414 of the Indian Penal Code and Section 42 of Prisoner's Act. The prosecution case in brief is that on search, 16 Puriyas of Ganja were recovered from shoes and undergarment of the convicted prisoner Chand Muhammad.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 20-09-2018. Charge sheet has already been submitted. While the petitioner was in judicial custody, one mobile was recovered from the toilet of Barrack,
Patna High Court CR. MISC. No.16530 of 2019(2) dt.02-05-2019 2/2 which was said to be stolen property belonging to the petitioner. The petitioner denies the said allegation. There is no other substantive evidence to suggest the implication of the petitioner in the present case.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town (Kalibagh) P.S. Case No. 629 of 2015.
(Sudhir Singh, J) A.K.V.//- U T